Cancel of Sale agreement

In the first place it is to be seen whether there is a clause of specific performance? Even otherwise said sale deed is not admissible in evidence for want of registration. Let him go to the court.He is not going to get any relief since the law clearly provides that it has to be registered or else it is like any other piece of paper of no value. Its difficult to prove it in court.

Hai,

As per your information, I have understand that ;

1). you have executed a document in Rs.20 stamp paper which is called as SALE AGREEMENT not a SALE DEED.

2). Your Sale Agreement had been executed in favour of the both the parties, which is statue that, 2% Interest payable OR 2% Deductable from the Advance amount.. Which is correct in my view..

3). A Sale deed should be executed in the Registrated office only and after receipt the ENTIRE SALE CONSIDERATION BY THE SELLER FROM THE BUYER.

4) In the case of the SALE DEED, the Buyer should bare the Stamp Duty & Registration Charges based on the GUIDELINE VALUE of the said Property. 

5). The Sale Deed cannot be cancelled by the one party without the other party.

6). My Suggesstion the Dedcution or Payable of 2% unavaidable, you must have to obey OR you may reduce as MUTUAL CONSENT.

Warm Regards

Issue legal ntoice of cancellation of agreement of sale. Contact your lawyer

On Rs. 20/- stamp paper sale deed is not velid. U give a notice or inform the buyer for cancle the sale deed.  

1. What u dealt is sale agreement and not sale deed.
2. Sale agreement need not be registered, it is optional to register.
3. As there is penalty clause, you have to return the advance amount with 2% interrest.
4. The interest can be waived, if the buyer accepts

The unregistered document, either sale deed or agreement to sale, written on the stamp paper of Rs. 20/= is not a valid document and it is not enforceable at law. You have nothing to worry in the matter. At the most if the buyer goes to the Court, he may claim his money back and he cannot claim for specific performance.

Mr.Sachin Agarwal,

An agreement need not be registered.

It is enforceable in court

Ur case is of agreement to sell

In general practice, in case of failure of seller to transfer the property he will have to return double the amount what he had recived from the buyer, u just have to the amount with interest. its much better to pay back what the agreement directs. This is useless to get involve in legal case for a petty matter.

Dear Mr. Vijayan,

I don't agree with your view. In terms of Section 17 of the Registration Act, the agreement to sale is required to be registered.

Sir's,

             I am ready to pay him the interest, but the buyer is not accepting it and more over he says that the sale agreement can not be cancelled by the seller, it can only be canceled by buyer. Is it true?

My mother has become so sick due to this issue, she is already a hypher tensed person.

Will i win the case if the buyer goes to the court?

In my opinion the best way is to engage an advocate, send him a notice for cancellation of the agreemnt alongwith a Pay order for the amount of the advance with interest thereon at 2% as stipulated in the agreement. 

HI,

legally the buyer can't get any fruitfull remedy, but since you have willfully executed the said agreement to sale you should follow your words. and if today you dont want to sale it still it is your choice which will prevail. but in such a circumstances you should return the entrie amount with 2% penalty to the buyer. There is no need to stretch this matter upto court.

Thanking You.

legally speaking even if buyer goes to court, he won't get any relief since as i said law clearly provides for registration or else it is not admissible as evidence. However if buyer approaches court u too will have to defend and incur expenses and give ur valuable time. If u think returning the adavance with 2% interest would be chaeaper than defending legal action pls go for it. Also pls atlease consult a good local lawyer and act as per his advise

U/s 49 of the Registration Act, the suit for specific performance can be filed on unregd.sale agreement.It is advisable that you should cancel the agreement and return advance with 2 pc interest.